imported post
swillden wrote:
UtahJarhead wrote:
I thought it was a misdemeanor?
Nope. An infraction, and the law specifically states that a single violation is not grounds for taking your CFP.
Cite?
76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
(1) A person, including a person licensed to carry a concealed firearm pursuant to Title 53, Chapter 5, Part 7, Concealed Weapon Act, after notice has been given as provided in Subsection (2) that firearms are prohibited, may not knowingly and intentionally:
(a) transport a firearm into:
(i) a house of worship; or
(ii) a private residence; or
(b) while in possession of a firearm, enter or remain in:
(i) a house of worship; or
(ii) a private residence.
(2) Notice that firearms are prohibited may be given by:
(a) personal communication to the actor by:
(i) the church or organization operating the house of worship;
(ii) the owner, lessee, or person with lawful right of possession of the private residence; or
(iii) a person with authority to act for the person or entity in Subsections (2)(a)(i) and (ii);
(b) posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
(c) announcement, by a person with authority to act for the church or organization operating the house of worship, in a regular congregational meeting in the house of worship;
(d) publication in a bulletin, newsletter, worship program, or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
(e) publication:
(i) in a newspaper of general circulation in the county in which the house of worship is located or the church or organization operating the house of worship has its principal office in this state; and
(ii) as required in Section
45-1-101.
(3) A church or organization operating a house of worship and giving notice that firearms are prohibited may:
(a) revoke the notice, with or without supersedure, by giving further notice in any manner provided in Subsection (2); and
(b) provide or allow exceptions to the prohibition as the church or organization considers advisable.
(4) (a) (i) Within 30 days of giving or revoking any notice pursuant to Subsection (2)(c), (d), or (e), a church or organization operating a house of worship shall notify the division on a form and in a manner as the division shall prescribe.
(ii) The division shall post on its website a list of the churches and organizations operating houses of worship who have given notice under Subsection (4)(a)(i).
(b) Any notice given pursuant to Subsection (2)(c), (d), or (e) shall remain in effect until revoked or for a period of one year from the date the notice was originally given, whichever occurs first.
(5) Nothing in this section permits an owner who has granted the lawful right of possession to a renter or lessee to restrict the renter or lessee from lawfully possessing a firearm in the residence.
(6) A violation of this section is an infraction.
53-5-704. Division duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.
(1) (a) The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless during the 60-day period the division finds proof that the applicant is not of good character.
(b) The permit is valid throughout the state for five years, without restriction, except as otherwise provided by Section
53-5-710.
(2) (a) An applicant satisfactorily demonstrates good character if the applicant:
(i) has not been convicted of a felony;
(ii) has not been convicted of a crime of violence;
(iii) has not been convicted of an offense involving the use of alcohol;
(iv) has not been convicted of an offense involving the unlawful use of narcotics or other controlled substances;
(v) has not been convicted of an offense involving moral turpitude;
(vi) has not been convicted of an offense involving domestic violence;
(vii) has not been adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; and
(viii) is qualified to purchase and possess a firearm pursuant to Section
76-10-503 and federal law.
(b) In assessing good character under Subsection (2)(a), the licensing authority shall consider mitigating circumstances.
(3) (a) The division may deny, suspend, or revoke a concealed firearm permit if it has reasonable cause to believe that the applicant has been or is a danger to self or others as demonstrated by evidence, including:
(i) past pattern of behavior involving unlawful violence or threats of unlawful violence;
(ii) past participation in incidents involving unlawful violence or threats of unlawful violence; or
(iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
(b) The division may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
(c) In determining whether the applicant has been or is a danger to self or others, the division may inspect:
(i) expunged records of arrests and convictions of adults as provided in Section
77-18-15; and
(ii) juvenile court records as provided in Section
78A-6-209.
(d) (i) If a person granted a permit under this part has been charged with a crime of violence in any state, the division shall suspend the permit.
(ii) Upon notice of the acquittal of the person charged, or notice of the charges having been dropped, the division shall immediately reinstate the suspended permit.
...